Pett v. Commissioner Social Security Administration
Pett v. Commissioner Social Security Administration
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON
SHANNON M. PETT,
Plaintiff, Case No: 6:24-cv-00132-MK v.
COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION,
Defendant.
ORDER
Upon consideration of the parties’ Stipulation for Attorney Fees Under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. 2412(d), It is hereby ORDERED that the stipulation is granted. Defendant shall pay attorney’s fees to Plaintiff pursuant to the EAJA in the amount of Seven Thousand Five Hundred Dollars and 00/100 Cents ($7,500.00) and costs in the amount of Four Hundred Five Dollars and 00/100 Cents ($405.00) to be paid separately from the Judgment Fund by the Department of Treasury, if ordered by the Court under
31 U.S.C. §1304. See
28 U.S.C. §2412(c)(1). Pursuant to Astrue v. Ratliff,
130 S.Ct 2521, 2528-29(2010), EAJA fees awarded by this Court belong to Plaintiff and are subject to offset under the Treasury Offset Program (
31 U.S.C. § 3716(c)(3)(B) (2006)). If after receiving the Court’s EAJA fee order, the Commissioner determines upon effectuation of the Court’s EAJA fee order that Plaintiff does not owe a debt that is subject to offset under the Treasury Offset Program, the fees will be made payable to Plaintiff’s attorney. However, if there is a debt owed that is subject to offset under the Treasury Offset Program, any remaining EAJA fees after offset will be paid by a check payable to Plaintiff but delivered to Plaintiff’s attorney. DATED this 13th day of December 2024.
s/ Mustafa T. Kasubhai MUSTAFA T. KASUBHAI (He / Him) United States District Judge Submitted By: KARL E. OSTERHOUT Osterhout Berger Daley, LLC 521 Cedar Way, Suite 200 Oakmont, PA 15139 412-794-8003 [email protected] Of Attorneys for Plaintiff Pro Hac Vice Counsel
Reference
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